HomeMy WebLinkAboutRES NO 252-04RESOLUTION NO. 252-0~
A RESOLUTION DECLARING THAT BUSINESSES
SELLING OR OTHERWISE DISTRIBUTING MEDICAL
MARIJUANA ARE NOT PERMITTED USES.
WHEREAS, Bakersfield Municipal Code § 17.08.040 provides that uses other
than those specifically mentioned Title 17 as permitted uses in specific zones may be
permitted only if, in the opinion of the City Council, such uses are similar to already
permitted uses and are not more obnoxious or detrimental to the welfare of the
community than the permitted uses.
WHEREAS, in 1996, the voters passed Proposition 215, known as the
"Compassionate Use Act" which authorized the use of medical marijuana for medical
purposes (Health and Safety Code § 11362.5); and
WHEREAS, businesses (known as medical marijuana dispensaries) have
opened throughout the State of California that purport to sell or otherwise distribute
marijuana to those who qualify under Health & Safety Code § 11362.5; and
WHEREAS, some municipalities in California have experienced negative
secondary impacts from these businesses including, but not limited to, increased crime
at or near the medical marijuana dispensaries; and
NOW, THEREFORE, INCORPORATING THE ABOVE RECITALS
HEREIN, BE IT ORDAINED, by the Council of the City of Bakersfield as follows:
1. The above recitals are true and correct.
2. There are no permitted uses in any zones similar in type to medical
marijuana dispensaries.
3. Even if such similar uses existed, due to the negative secondary effects of
medical marijuana dispensaries, such businesses are more obnoxious or detrimental to
the welfare of the community than any permitted uses.
4. Medical marijuana dispensaries are not permitted uses within any zone in
the City of Bakersfield.
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August 27, 2004
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O~ O:NAL
I HEREBY CERTIFY that the foregoing Resolution was passed arkcL~dopted by
the Council of the City of Bakersfield at a regular meeting thereof held on bEY 0 8 Z004,
by the following vote:
ABSTAIN:
ABSENT:
COUCH, C~'ON,ARS
BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED
SEP 0 8 20O4
CITY CLERK and~erk of the
Council of the City of Bakersfield
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
ROBERT M. SHERF~
Deputy City Attorney
S:\COUNCIL\Resos\04-05 Resos\MedicalMarijDispensaryReso2.doc
August 27, 2004
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OR~G~NA'.